Sk. Abdur Rashid v. The State Of West Bengal And ORS.

10.12.2025 Sl. No.22(DL) Ct. No.14 srm

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 18932 of 2025 Sk. Abdur Rashid

Versus

The State of West Bengal & Ors.

Mr. Krishna Pada Santra, Ms. Arpita Saha ...for the Petitioner.

Mr. Prashant Kumar Tripathi ...for the State.

1.

Affidavit-of-service filed on behalf of the petitioner is taken on record.

2.

By the present writ petition, the petitioner seeks for direction upon the respondent authorities for disbursement of interest on delayed payment of gratuity amount from the date following the date of retirement till the date of actual payment.

3.

The petitioner contends that he was an Assistant Teacher of High Madrasah School and he retired from service on superannuation on 30th June, 2003 as a Headmaster of Rangmahal Corania High Madrasah, Paganda, Police Station-Uluberia, District-Howrah. The petitioner duly filled his pension booklet and submitted the same to the appropriate authority. The Pension Payment Order was issued on 16th December, 2024 after a lapse of 21 years after retirement. Gratuity amount was credited to the bank account of the petitioner on

28th December, 2024. The petitioner seeks for payment of interest on delayed payment of gratuity.

4.

Mr. Krishna Pada Santra, learned Advocate for the petitioner seeks for direction upon the respondent Nos.2 and 3 for disbursement of interest on delayed payment of gratuity amount from the date following the date of retirement till the date of actual payment.

5.

Mr. Prashant Kumar Tripathi, learned Advocate for the State leaves the matter to the discretion of the Court. 6.

From the contention made in the writ petition, it is found that the petitioner received the gratuity after 21 years of his retirement. It is the bounden duty of the State to pay pension and retiral dues to the employee forthwith, failing which the employee is entitled to get interest on such delayed payment.

7.

In view of the above, respondent No.2, the Director of Pension, Provident Fund and Group Insurance and respondent No.3, the Treasury Officer, Uluberia, Howrah are directed to disburse interest @ 8% per annum on the gratuity in favour of the petitioner from the date following the date of retirement till the date of actual payment within a period of eight weeks from date of communication of this order.

8.

Learned advocate for the petitioner is directed to communicate this order to respondent No.2, the Director of Pension, Provident Fund and Group Insurance and respondent No.3, the Treasury Officer, Uluberia, Howrah, for necessary compliance.

9.

With the above direction, the writ petition being WPA 18932 of 2025 stands disposed of.

10. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

11. Interim order, if any, stands vacated.

12. All connected applications, if any, stand disposed of.

13. There shall be no order as to costs.

14. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

15. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)